Tag Archives: forging

LOS ANGELES, July 23 (Compass Direct News) – Pakistani minority rights defender Joseph Francis has been unjustly jailed by Islamists and others who oppose his work on behalf of Christians, according to the legal aid organization Francis directs.

An Islamist in Punjab Province who said he had converted to Christianity subsequently converted a young woman to Islam and married her, setting into motion a series of spurious charges when her parents brought her to Francis for counsel, according to the Lahore-based Centre for Legal Aid Assistance and Settlement (CLAAS). Angered when her family brought her to Francis hoping he would counsel her away from Islam, Mehboob Basharat then arranged for baseless charges to be filed against Francis, director of CLAAS, for allegedly detaining her and setting her on fire, CLAAS officials said in a statement.

Francis was jailed on July 12 after Basharat filed specious charges against him for forging documents and concealing his travel out of the country while on bail. Those charges arose out of the previous case, in which Basharat arranged for the woman he converted to Islam to charge the CLAAS director and others with forcibly detaining and assaulting her in 2006 – even though she previously had told police she suffered no ill treatment at the CLAAS offices.

“His only crime was to help suffering parents of a young Christian girl who was taken away from her family,” according to the CLAAS statement.

Francis’ predicament began when Basharat went to Bishop Samuel Azariah of Raiwind diocese in 2006 and told him that he, his wife and two children had converted from Islam to Christianity. Since his conversion, he told Bishop Azariah, his Muslim family and friends had ostracized him, and he pleaded with the clergyman to employ him. Bishop Azariah gave him a job in the diocese and provided a living space for him on the church premises, according to CLAAS.

Though he never attended church services, Basharat started socializing with Christian families of the congregation and showed excessive interest in their daughters, according to CLAAS. Pastor Emmanuel Khokhar took note and gave Basharat a warning, according to CLAAS.

Basharat became close with Roma Masih, one of six daughters in a family at the congregation, and on Sept. 26, 2006 he took her to a Muslim education center called Jamia Naeemia Lahore, where she embraced Islam and took on the name Aisha; he later eloped with her, and on Nov. 26, 2006 they married under Islamic rites, according to CLAAS.

When her family found out, they went to Bishop Azariah, who referred them to CLAAS for help. Roma/Aisha’s parents, Khursheed Masih and Shamim Masih, asked Francis to talk with their daughter. Basharat, meantime, returned to Raiwind (25 kilometers from Lahore) to collect his first wife and children, at one point threatening Bishop Azariah when the clergyman tried to talk to him. On Dec. 23, 2006 Basharat allowed Roma/Aisha to go to her parents’ house. They immediately brought her to CLAAS offices, insisting that Francis keep her in the organization’s second-floor shelter for abused women.

“They said that if she stayed away from Basharat, maybe she will change her mind and come back to her family,” according to the CLAAS statement.

Roma/Aisha, some of her sisters and their mother stayed overnight at the shelter, and the convert told Francis that she was now a Muslim and did not wish to associate with “infidels.” Francis told Roma/Aisha’s parents that she now considered herself a Muslim and urged them not to insist on their daughter remaining with them, according to CLAAS.

Upon learning that the Masihs had taken their daughter to CLAAS offices, Basharat on Dec. 23, 2006 complained to police in Lahore that the Christian parents of his wife were detaining her. The next day, police summoned Francis. When he and Roma/Aisha arrived at the station that evening, Basharat and a crowd of 40-45 mullahs (Muslim clergy) were waiting for them.

Nevertheless, Roma/Aisha signed a statement at the police station saying that she had not been held hostage or detained against her will, that she went to CLAAS offices of her own free will and that no one misbehaved or ill-treated her there, according to CLAAS. She left with Basharat.

On Feb. 18, 2007, Basharat, Roma/Aisha and attorney Raja Nathaniel, a church-going attorney at odds with the local Christian community, held a press conference in which Basharat accused Bishop Azariah and Francis of abducting his new wife and forcing her to reconvert back to Christianity. Nathaniel, according to CLAAS, at times “has converted to Islam to marry young girls” and has several cases pending against him for illegally confiscating church property in Raiwind; CLAAS notes that in most of those cases it provides legal assistance to the church.

Three months after the press conference, under the guidance of Basharat and with the financial support of Nathaniel, Roma/Aisha filed charges at the Icchara, Lahore police station against her father, mother, three sisters, Bishop Azariah, Pastor Khokhar and Francis; she accused all of them of forcibly detaining her, mistreating her and attempting to burn her.

Incarceration

All of the accused obtained pre-arrest bail. In July 2007, Francis went to England at the invitation of the late former Prime Minister Benazir Bhutto, along with prominent political leaders, to attend a three-day conference in London. Summoned to a bail hearing on July 14, 2007, he came back on July 15, 2007 and appeared in court the next day, according to CLAAS.

On Dec. 24, 2008 Francis learned that Basharat had filed a new case against him, accusing him of concealing his travel abroad while on bail and forging a medical certificate. Also charged were CLAAS employee Ashar Sarfaraz and Sarfaraz’s brother-in-law, Zulfiqar Wilson.

The forgery charges arose after CLAAS submitted a medical certificate indicating that Francis, who suffers from diabetes, was too ill to return quickly for the court hearing on July 14, 2007. CLAAS Program Officer Katherine Sapna said that former CLAAS staff members Aneeqa Maria Akthar and Justin Gill submitted the medical certificate, but Akthar told Compass neither she nor Gill submitted any documents related to the certificate and never went to the court. She added that CLAAS had not even assigned her to the case.

“When someone submits any document before the court,” she told Compass, “the court takes the submission by getting signatures of a person who submits the document, and certainly there are no signatures of mine.”

She acknowledged that she discussed the matter with CLAAS lawyers at the time – Akbar Munawar Durrani, Tahir Gull and Aric John – and that she suggested that if Francis were to try to return in time for the July 14 court summons, it would cause an undue hardship on him as a diabetic to appear in court after arriving in Pakistan from England early in the morning.

“It was just a suggestion, and it did not lead to [me committing] forgery,” she said. “Instead, Ashar Sarfaraz heard this and he went to the doctor himself who was treating Mr. Francis, without asking or telling any of us, and got the certificate. He also submitted the certificate himself in the court, and not the lawyers.”

On these charges Francis obtained pre-arrest bail on Dec. 29, 2008, and when CLAAS filed a petition in Lahore High Court for the dismissal of this case, the court set a hearing for June 8, according to CLAAS.

At that hearing, Basharat’s lawyer accused Francis not only of being in contempt of court by having traveled abroad while on bail but of using his influence to harass Roma/Aisha into forsaking Islam – the young woman’s remaining a Muslim notwithstanding.

Francis’ counsel tried to explain to the court that Basharat and his wife were “misleading the court by purposely making it a religious issue for their own vested interest.” They informed the court that his travel was not concealed but public knowledge, having been published in major newspapers, and that therefore Francis had no reason to prepare or submit any documents explaining his actions.

“But the court overlooked every argument and dismissed the petition for dismissal,” according to CLAAS’ statement. “On July 9, the same judge who dismissed the petition rejected Mr. Joseph Francis’ bail in this case and ordered the police to arrest Mr. Francis.”

This is not the first time that Pakistani courts have put their bias against Christians on display, according to CLAAS.

“Over the years, CLAAS has perused several such cases in which law was overlooked and justice was denied to victims on the basis of their religion, gender, political affiliation and social status,” organization officials said in the statement.

CLAAS urged proponents of human rights to write the Pakistani president, prime minister, foreign and interior ministers, chief justice, federal minister of Law Justice and Human Rights, and Pakistani Embassies around the world.

ISTANBUL, January 27 (Compass Direct News) – After her arrest at Cairo’s airport on Dec. 13 while attempting to flee anti-Christian hostilities in Egypt, convert Martha Samuel Makkar was granted bail on Saturday (Jan. 24), but not before a judge took her aside and said he would like to kill her, according to her lawyer.

Attorney Nadia Tawfiq said Judge Abdelaa Hashem questioned Makkar extensively about her Christian faith during the hearing. Makkar, charged with forging identification documents, explained her reasons for her conversion, avowing her Christian faith and repudiating the judge’s claims that converting from Islam to Christianity was impossible.

“Then he said, ‘I want to talk with Martha alone,’ so we all left the room, and he said to her, ‘Nobody changes from Muslim to Christian – you are a Muslim,’” Tawfiq said. “And she said, ‘No, I am a Christian.’ He told her, ‘If I had a knife now, I would kill you.’ [Makkar] came out crying and depressed, but at least he gave the decision to let her go free.”

Makkar, 24, had planned to escape the dangers she has faced in Egypt by travelling to Russia with her family. She says that since converting to Christianity five years ago, police and members of her extended family have threatened her incessantly, the relatives vowing to kill her.

Airport security personnel had been notified of Makkar’s plans, according to a Coptic rights group.

“They had both [her original and Christian] names and maybe a picture before she reached the airport,” said Helmy Guirguis, president of the UK Coptic Association. “They did not [arrest her] to apply the law, they did it because of hate for Muslims converting to Christianity. It is like a great occasion to go and arrest some poor lady like her in the airport.”

After her arrest, Makkar was charged with carrying forged documents and taken to El-Nozha police station. Authorities also took her husband and two children into custody. The identification that Makkar carried listed her religion as Christian and bore the name she had chosen for herself rather than her given name, Zainab Said Abdel-Aziz.

Legal conversion from Islam to Christianity by Muslim-born Egyptians, and gaining corresponding legitimate documents, is unprecedented in Egypt. Egyptian law does not provide for a means to legally change one’s religion on identification papers.

According to Tawfiq, Makkar said authorities held her in a room at the airport, hit her and denied food to her children.

“People who convert to Christianity are treated exactly like terrorists,” said Guirguis of the UK Coptic Association. “This is not official policy, it’s not on paper, it’s not the law, but it’s what happens.”

Abuse from Police, Prisoners

Before authorities took Makkar to prison, her two children, Morkes, 2, and Amanwael, 4, were handed into the care of family friends. Authorities took Makkar’s Christian husband, 32-year-old Fadl Thabet, to the national security office in Alexandria for questioning.

The prosecution office later ordered his release after testimony from Makkar, who claimed that Thabet did not know she was a convert. Despite this order, authorities did not release Thabet but instead placed him under “emergency arrest.” This form of incarceration requires no charges and provides no recourse to legal counsel. He remained in prison until Jan. 19.

Authorities had also arrested George Abyad, 67, and Masood Guirges, 55, employees of the Coptic Orthodox Patriarchate in Alexandria, on suspicion of helping Makkar obtain false papers. The prosecution office ordered their release along with that of Thabet based on Makkar’s testimony.

Since Makkar’s arrest, she has leveled allegations of sexual abuse and demeaning behavior at police in the El-Nozha station and at personnel of the national security office in Heliopolis. Makkar said she has also suffered at the hands of fellow inmates at Al-Qanata prison, where authorities later took her.

“She has some difficulty with the other prisoners in prison,” said Tawfiq. “One of them kicked her and tried to kill her; one took the Bible and threw it on the floor, pushed her and tried to make her go back to Islam. But she is strong, she is strong.”

Makkar remained in pre-trial detention until Thursday (Jan. 22), when she was briefly released on a bail of 3,000 Egyptian pounds (US$540). She was then rearrested after prosecutors filed an appeal. The appeal failed, and on Saturday (Jan. 24) Makkar was allowed to return home to her husband and children pending trial.

Tawfiq and two other lawyers, Nabil Azmi and Magdy Shounda, will represent Makkar when her trial resumes before a different judge. Tawfiq, however, is not hopeful that they will face any less of a bias.

“I think it will be the same, because all the judges are Muslim and are naturally upset about that [conversion],” she said.

ISTANBUL, January 19 (Compass Direct News) – The ordeal of two teenage Christian sisters in Pakistan is over after Muslims allegedly abducted and raped them and forced them to convert to Islam, but they fear a future of societal rejection.

Parvisha Masih, 18, and Sanam Masih, 14, said three Muslim men kidnapped them last November, raping them several times during two weeks of captivity.

“We are happy to return to the family, but we are feeling ashamed because there is no respect for us in society now,” Parvisha Masih said. “We don’t want to go back to school and have to face our friends.”

They face a long legal battle that will inevitably bring them into contact with their captors – who have already assaulted their family in court.

“We feel very afraid, and we are still receiving threats,” Parvisha Masih told Compass. “We are worried about our family and about ourselves. I don’t ever want to see those men again.”

On Jan. 2 the sisters recorded statements concerning their alleged abduction, rape and forced conversion to Islam before a local magistrate in Gujranwala. Earlier, they gave statements in Karachi, where they had been taken by their captors some 840 miles to the south. Two First Incident Reports (FIRs) have been filed.

Irfan and Mehboob, suspected of involvement in a human trafficking ring, at first made contact with Parvisha Masih accidentally.

“Parvisha received a wrong number call and talked to Muhammad Irfan,” said Katherine Karamat, an investigative officer for the Center for Legal Aid Assistance and Settlement (CLAAS). “Some days later, Irfan called again and told her that he had a beauty salon, and if she wanted training he could arrange that for her.”

Eager to earn extra money for the family, Masih convinced her younger sister Sanam to join her in accepting the offer, according to CLAAS.

Irfan arranged to drive them to their first day of work in his car. At 10 a.m. on Nov. 12, Irfan and Mehboob picked the sisters up from their home.

“This is a common practice now,” said Michael Javaid, a Pakistani member of parliament based in Karachi. “They offer poor people from the villages a good job, and the parents are poor so they trust them, but then they bring these girls and sell them to other people.”

According to the sisters’ testimony, Irfan stopped the car after roughly half an hour to buy beverages. He offered them both a bottle of fruit juice that they drank, unaware that he had drugged it.

En route to Karachi, Irfan and Mehboob then drove the sisters to a motel in Mianwali, threatening them at gunpoint and telling them they would be killed if they tried to escape. The sisters reported that the men then raped them.

In the morning they were ushered back into the car and driven to the coastal city of Karachi, where they were held captive at Rafique’s house. Over the next five days, they said, the men raped them repeatedly.

Masih and Sanam then were taken to a madrassa (Islamic school), where a mufti issued certificates stating that the two had become Muslims. Parvisha Masih was renamed Sana, and her sister received the name Tayyaba.

Javaid and lawyers from CLAAS challenged these certificates, asserting that the sisters did not sign them.

“Anyone can get these papers by giving some kind of a bribe; [clerics] feel it is a service to Islam,” said Javaid. “They will issue a certificate without knowing the will of the person, whether this is a forcible conversion or not.”

Following their forced conversion at the madrassa, the Muslims took the sisters to the office of lawyers Nayer Zia-Ul-Din and Kokab Sahab-Ul-Din. Irfan explained to the lawyers that the sisters had converted to Islam and did not wish to return home to their Christian family, but instead wanted to stay at the government-run Dar-Ul-Aman shelter for women. Before leaving, Irfan told Masih and Sanam that they would be freed after the lawyers brought them to court the following day.

The lawyers told the sisters to sign blank sheets of paper, forging testimony from the pair that they planned to use to support their case, according to CLAAS. The attorneys told the sisters that they could stay with their family that night and took Masih and Sanam to their home, but no other family members were present.

After the sisters had fallen asleep, according to CLAAS, Sahab-Ul-Din took Parvisha Masih into a separate room and sexually abused her. Police found medication in Sahab-Ul-Din’s apartment indicating that the sisters were again drugged. Sanam said she woke up when she heard her older sister crying for help.

“I took the mobile of the lawyer and called 15 [the emergency police number in Pakistan],” she told Compass. “One lawyer had left; the other was with Parvisha.” She was able to escape the house and describe her location to authorities.

Police arrived at the scene shortly afterward, immediately referring Parvisha Masih to a hospital and arresting Sahab-Ul-Din, whom they took to the Ferozabad police station. The other lawyer, Zia-Ul-Din, had left but was later arrested at his home.

At the police station, Sanam called her father, Arif Masih, who rushed to Karachi to bring his daughters back home.

Assaulted in Court

The following day (Nov. 22), the sisters appeared before a magistrate to give testimony, accompanied by their father and other relatives. Defendants Zia-Ul-Din and Sahab-Ul-Din, both charged with rape, were also present. Upon learning that the sisters’ father was in the room, they located him and began to attack him.

“The magistrate was in his chambers, and so the lawyers attacked the father and relatives, beating them, even the women, there in the courtroom, which never happened before!” said Javaid. “All the police were called, the FHO [court police], the superintendant and deputy superintendant, and they took them to the lock-up for safety.”

Javaid said he plans to take a strong contingent of associates when they next appear in court to protect the sisters and deter another attack.

This is the second known case of its kind in recent months. Saba and Aneela Masih underwent a similar ordeal last July, and although 10-year-old Aneela has been returned to her family, her 13-year-old sister, forced to marry one of the men who kidnapped her, remains with her captors.

Christian girls from poor families make easy targets, and many cases go undocumented, Javaid told Compass. High legal fees often make it impossible for poor families to bring a case to court. Corrupt lawyers, easily swayed by bribes, often create further expense.

On top of this, a biased legal system that favors Muslims over Christians is particularly reluctant to pass judgments that would undermine conversion to Islam.

“Because both [Parvisha and Sanam Masih] are Christian and the accused were Muslim, to save their skin they made [the sisters] embrace Islam forcefully so they can marry them maybe or whatever they want,” said CLAAS lawyer Samson Joseph.